28
Nov

One of the most sensitive topics legally and socially is the handling of minors, in all of its aspects. Some of these are:

1. Their location.
2. Who they are with.
3. Their nourishment.
4. Their education.
5. And one mentioned often is the relocation of minors without proper consent, which can be considered kidnapping. National and international laws have a fast and clear process to address this violation.

The abduction, retention or illicit relocation of minors is defined in the Dominican Republic in accordance with the provisions of Law 136-03. This law establishes the Code for the Protection of the Fundamental Rights of Children and Adolescents:

“When a person outside the rights that correspond to them, retains or relocates to a place or country other than their habitual residence, without authorization, it is considered as illegal retention or transfer of the child or adolescent“.

It may be hard to believe but the illegal relocation of minors is extremely common. This action results in a direct violation of the law, which is penalized in our legislation and in most of the laws or legal systems of the world.

The relocation of a child to a different country or the relocation to the Dominican Republic from their country of residence will be considered as international abduction and will be governed in accordance with the provisions of the Hague Convention on Civil Aspects of International Child Abduction.

Article 13 of the Hague Convention provides exceptions in which illegal relocation or retention is justified, such as:

• The possibility that the child may be exposed to a serious physical or psychological danger if it is accepted.
• If it is proven that the person in question had subsequently consented to or accepted the relocation or retention, among others.

Situations – Ignorance

Oftentimes, these violations are clearly a result of not being aware of the concept, duties, and rights of parents or relatives.

The fact that you are the father or mother of a child or teen does not give you the right to:

A) Taking a minor out of his home (outside the city or the country), without the consent of the other parent, as the case may be.

B) Staying for a longer period of time than agreed between both parents (outside the city or the country), with the Child or Adolescent in question.

C) Leaving with consent for a specific purpose and time but instead, establish residence without custody or guardianship of the minor in question.

D) Among many other situations that occur regularly.

If one of the parents or any individual relocates a minor, without being vested with the corresponding authorization or powers; whoever does have the established authorization or powers may initiate the process of relocating the minor by illegal kidnapping or illegal relocation, with the intermediation of the National Council for Children and Adolescents (known in Spanish as CONANI) in the Dominican Republic. Nevertheless, the process must be carried out before the country in question, if the incident took place abroad.

Cases in which a single parent can make all the decisions regarding a child or adolescent 

A) When one of the parents has passed away, the surviving parent is automatically the only one who would have the Guardianship and Custody.

B) When by a Judge’s ruling, one of the parents was granted Guardianship and Custody. In that sense, we recommend reading about how and when to apply for Custody of a Child in the Dominican Republic. This application can be processed voluntary or judicially, in other words, a parent can voluntarily transfer their custody rights to the other parent or request it judicially and have it granted by a judge. This custody transfer agreement is homologated by a court with jurisdiction.

In case a minor under your care has been abducted, retained or kidnapped in the Dominican Republic, the steps you would need to take are as follows:

1. You would need to notify the authority with the jurisdiction of the Matter in the Dominican Republic, which is the National Council for Children and Adolescents (known in Spanish as CONANI).
2. Complete the service request form and provide the following documents:
3. Communication addressed to CONANI and signed by the applicant of the restitution, requesting said restitution and recounting the facts.
4. Documentation regarding the identity of the applicant, the minor and the person who has been accused of abducting or retaining the child or adolescent.
5. Birth certificate of the minor.
6. Color photos of the minor and the person who was identified as the individual who retained or relocated the minor illegally.
7. Marriage, divorce or guardianship sentence. (If applicable)
8. Passport copies of the individuals involved, if you have them.
9. Child’s medical record and certifications from an academic institution, proving that they were residing in the Dominican Republic in previous years.
10. Information regarding the child’s location (address and telephone number of the place where they are located).
11. Travel authorization (if you have one).
12. All documents must be translated, by a certified judicial interpreter, into English (if the case is with the United States) or the official language of the country where the minor was relocated to.

The legal basis of this matter is enshrined in article 110 of the Code for the System of Protection and Fundamental Rights of Children and Adolescents.